Separation or Divorce during Bankruptcy

Separation and divorce can be a very stressful emotional time.  When you add the additonal financial stress of separating one household into two it can have a significant impact on your bankruptcy planning and your case. 

During an Individual Bankruptcy Filing:

If you are our client and you separate from your spouse during preparation for your bankrkuptcy filing or while your case is active, please notify your attorney to determine if it will have any impact on your case.

If you are planning to file a Chapter 13 or are in an active Chapter 13, they loss of any contribution by your spouse could result in the payment plan not being feasible.  The sooner you alter your attorney to this possibility the more time we will have to react and resolve any problem this creates.

During a Joint Bankruptcy Filing:

WARNING: In a joint case, our law firm is ethically obligated to represent both parties equally and fairly.  This means that if both parties are not able to proceed with their case and agree on all issues your attorney will be forced to withdraw from the case.  The moment your ability to work together is obvious or your interests and objective diverge, your attorney is legally bound to halt all actions, inform you of the need for you both to seek separate counsel, and withdraw from the case. We never like to do this, so you must be aware that the attorney cannot be triangulated in your domestic situation.